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2023.11.02 Motion for Summary Judgment 892
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...each of contract action. Plaintiff David Godley filed a form complaint, asserting a single claim for breach of contract against Defendants Jonathan Bodnar and Apollo Eleven, Inc. The form provides no details about the nature of the contract or the breach. Plaintiff is appearing in pro per. Defendant Jonathan Bodnar is the sole shareholder and CEO of Defendant Apollo Eleven, Inc. (Undisputed Material Fact (“UMF”) No. 9.) Bodnar attests there i...
2023.11.02 Motion for Summary Adjudication 073
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...: Defendant Casa Gateway Homeowners Association BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Casa Gateway Homeowners Associatio...
2023.11.02 Demurrer 846
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.02
Excerpt: ...ntiff 7 th Street Associates Inc., as General Partner of Lance Jay Robbins Paloma Partnership BACKGROUND This case arises from the alleged breach of a partnership agreement. Plaintiff 7 th Associates Inc. is the general partner of Lance Jay Robbins Paloma Partnership (“the Partnership”). (Compl. ¶7.) Defendants Duane Weaver and Negative Asset L.P. are each limited partners of the Partnership. ( Id. ) The sole asset of the partnership is a 58...
2023.11.01 OSC Re Contempt 773
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...rive, Beverly Hills, California 90210 (the “Bral Property”). Defendants Khosrow Shoumer and Fariba Shoumer, individually and as trustees of the Shoumer Trust, own the property next door, located at 1211 Beverly Estates Drive, Beverly Hills California 90210 (the “Shoumer Property”). In 2020, Defendants began construction on the Shoumer Property. During construction, Defendants' contractors entered into the Bral Property and destroyed Plain...
2023.11.01 Motions to Set Aside Default 043
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...ARTY: Plaintiff Leon Krous Drilling, Inc. BACKGROUND Treetop Development owns real property located at 9650 Cedarbrook Drive, Beverly Hills, California (“the Property”). Treetop contracted with Aram Madzhinyan and Aram G. Construction, Inc. (collectively “the Aram Defendants”), to perform concrete work on the Property. The Aram Defendants in turn contracted with Plaintiff Leon Krous Drilling, Inc. (“Krous”) to perform drilling and rel...
2023.11.01 Demurrer to FAC 083
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.11.01
Excerpt: ...$1 million so that Defendant could buy out his business partner and become the sole owner of a business entity, DTA II. (FAC ¶ 7.) Defendant promised that he would return the $1 million if the investment was successful and generated sufficient carried interest. (FAC ¶ 9.) In addition, Defendant promised that he would pay Plaintiff the net proceeds from 10% of all carried interest payments that Defendant receives from DTA II. (FAC ¶ 9.) Plainti...
2023.10.31 Motion for Summary Judgment 211
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.31
Excerpt: ...dlord”) is the owner of 10000 Santa Monica Blvd, Unit 2801, Los Angeles California (the “Premises”). (Browne Decl. ¶5.) Plaintiff entered into a written lease with Defendant Jakob Andersen (“Tenant”) to lease the Premises (the “Lease”). (Ex. 1 to Browne Decl.) The Lease was for 12 months at a monthly rate of $14,500 payable on the first day of each month. (Ex. 1 to Browne Decl., page 1, section (K).) Tenant failed to pay rent. (Bro...
2023.10.31 Demurrer, Motion to Strike 730
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.31
Excerpt: ...udy Choothesa (“Tenant”) rented residential real property from Defendant Canyon Native Rental Properties, LLC (“Landlord”) located at 502 Fernwood Pacific Dr., Topanga, California (the “Premises”). Tenant claims several habitability defects including foul odor from leaking septic water, electrical issues with the wiring, noises from the septic system, a retaining wall that fell in the kitchen, infestation of ants and spiders, insuffic...
2023.10.26 Motion for Summary Judgment, Adjudication 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.26
Excerpt: ...NDING PARTY: Plaintiffs The Mayme A. Clayton Library and Museum (“MCLM”) and Renai v. Clayton, Jr. BACKGROUND This case arises from a dispute over ownership and control of a collection of African American books, films and other works of art. The collection is owned by Plaintiff The Mayme A. Clayton Library and Museum (“MCLM”), and Plaintiff Renai Clayton, Jr. is one of MCLM's directors. MCLM had a one dollar a year lease with LA County, a...
2023.10.25 Motion for Terminating Sanctions 045
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.25
Excerpt: ...of medical negligence. Plaintiff Charlesey Morgan suffered an allergic reaction to neurotoxin injections performed by Defendant Dr. Laser MedSpa, PC. Plaintiff alleges she did not consent to the use of an off-brand injection and thought she was receiving Botox. The operative complaint alleges claims for medical negligence and battery. On August 22, 2022, Defendant served its Requests for Production of Documents, Set One. (Singh Decl. ¶ 2.) Respo...
2023.10.25 Demurrer to Answer to Complaint 557
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.25
Excerpt: ...ute arises from a car accident. Defendant Sidney Gale Gathrid rear-ended Plaintiff Rose Mary Benvie. Plaintiff alleges Defendant was traveling at an unsafe speed, failed to maintain a safe stopping distance and was inattentive to road conditions. Defendant Michele Gathrid owns the car that Sidney Gale Gathrid was driving (collectively “Defendants”). The operative complaint alleges claims for negligence and negligent entrustment. The answer to...
2023.10.24 Motion to Compel Arbitration 196
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.24
Excerpt: ...ner and Hanover Trust RESPONDING PARTY: Plaintiff Mark Lange BACKGROUND This case arises from a dispute over the sale of a home. Plaintiff Mark Lange entered into a written purchase agreement (the “Agreement') with Defendant Ebner and Hanover Trust (the “Trust”) to purchase a home located at 5868 Deerhead Road, Malibu, California (the “Property”). (Compl. ¶ 7.) Defendants Sandra Hanover Ebner and Stephen Ebner are trustees of the Trust...
2023.10.24 Motions for Good Faith Settlement Determination 670
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.24
Excerpt: ...AITH SETTLEMENT DETERMINATION BACKGROUND This is a construction defect case. Plaintiff Tracie Calfee Dalton owns a home located at 1619 San Ysidro Drive, Beverly Hills, California (the “Property”). She purchased the Property from Defendants Pamela Becker and Ocean Santa Barbara Investments, LLC (“Ocean SB”). She alleges that when the Property was delivered to her, it was defective and unfit for its intended purposes. She alleges numerous,...
2023.10.23 Demurrer 421
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.23
Excerpt: ...ivil Rights Act ("Unruh"). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. Yl.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act ("ADA"). (ld. 118.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (ld. "2-4, 11.) Durmghis visit, Plaintiff claims he observed...
2023.10.20 Request for Entry of Default Judgment 398
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...rity talent manager. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. Defendant's treatment was so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also disclosed to Plaintiff's friend, intimate details about the deformities caused to Plaintiff's face. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint a...
2023.10.20 Motion to Quash Service of Summons 809
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...unt with Plaintiff JPMorgan Chase Bank, N.A. Defendant failed to pay amounts due under the card, totaling $25,236.06. The operative complaint alleges common counts for open book account and account stated. This hearing is on Defendant's motion to quash service of summons. Defendant argues that contrary to the proof of service, he was not personally served. No opposition was filed as of the posting of this tentative ruling. DISCUSSION “Service o...
2023.10.20 Demurrer, Motion to Strike 873
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.20
Excerpt: ...Build, Inc. RESPONDING PARTY: Plaintiffs Royal Excel Enterprises Corp. and 521 N. Canon Dr. LLC BACKGROUND This is an indemnity and fraud case. Plaintiff Royal Excel Enterprises Corp. (“Royal”) bought the property located at 521 N. Canon Drive, Beverly Hills, California (the “Property”) with the intent of remodeling and then re-selling it. (Compl. ¶13.) Plaintiff 521 N. Canon Dr. LLC (“Canon”) was formed to secure construction financ...
2023.10.17 Request for Entry of Default Judgment 078
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.17
Excerpt: ... with disabilities, visited Fair Market, located at 10458 National Blvd, Los Angeles California (the “Property”) on or about June 26, 2022. Fair Market is owned by Defendant Z&F Properties LLC. During his visit, Plaintiff encountered the following barriers to access related to his disability: (1) an accessible parking area whose slope exceeds Americans with Disabilities Act Accessibility Guidelines (“ADAAG”), (2) an accessible parking spa...
2023.10.13 Motion to Vacate Dismissal 226
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.13
Excerpt: ... alleges Defendant Teddy Marquez suddenly and negligently collided with her car near a highway off-ramp. The collision resulted in serious injuries to Plaintiff. The operative complaint alleges claims for “motor vehicle” and negligence. On August 3, 2023, the Court held an OSC and dismissed the case for failure to file a proof of service. This hearing is on Plaintiff's motion to vacate the dismissal. Plaintiff argues that the dismissal was th...
2023.10.10 Demurrer, Motion to Strike 403
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.10
Excerpt: ...m an alleged unauthorized publication of patient photos. Defendant Gary Motykie, M.D. performed several cosmetic procedures on Plaintiff Celeste Bianchi. Before and after each procedure, Defendant or his staff took photographs of Plaintiff. Plaintiff alleges she explicitly declined consent for her photos to be used on Defendant's website or in any similar capacity. On or before July 16, 2018, Defendant allegedly published Plaintiff's photographs ...
2023.10.06 Request for Entry of Default Judgment 041
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.06
Excerpt: ...agreement and guaranty. Defendant Stoneridge Construction, LLC entered into a written equipment finance agreement (“Agreement”) whereby Plaintiff Maxim Commercial Capital LLC agreed to finance Stoneridge's purchase of certain equipment, and Stoneridge agreed to make monthly payments. As further consideration, Defendant Onesimo Martinez, Jr. executed a personal guaranty (“Guaranty”) whereby he unconditionally guaranteed Stoneridge's paymen...
2023.10.06 Motion to Seal, Amended Motion for Issuance of Letters Rogatory 823
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.06
Excerpt: ... hired Defendants to develop a line of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specificatio...
2023.10.05 Motion for Terminating Sanctions or for Issue and Evidentiary Sanctions 619
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...tee of the MC2011 Revocable Trust and Olga Chernova RESPONDING PARTY: Defendant Paola Joice Miller BACKGROUND This case arises from a landlord-tenant dispute. Plaintiffs Mikhail Chernov and Olga Chernova (“Landlords”) entered into a written lease agreement with Defendant Paola Joice Miller (“Tenant”) for property located at 1070 Somera Road, Los Angeles, California (the “Premises”). Tenant failed to pay rent. Landlords sued for breach...
2023.10.05 Motion for Attorney Indemnity of Attorney Fees, to Vacate Debtor's Exam, for Voir Dire of Court Re Conflict or Bias 628
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...S MOVING PARTY: Plaintiff Gina Bisignano RESPONDING PARTY: Defendant Heather McDonald BACKGROUND Plaintiff Gina Bisignano has sued various defendants for their coverage of her provocative comments during a COVID-19 lockdown protest and her participation in the January 6, 2021 protests at the United States Capitol. Plaintiff claims Defendants' actions resulted in the demise of her previously “thriving” beauty salon business in Beverly Hills. O...
2023.10.05 Demurrer 465
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2023.10.05
Excerpt: ...LLC BACKGROUND This action relates to a dispute over a non-compete provision. Defendant Focus Financial Partners LLC (“Focus”) is an acquirer of, and investor in, financial wealth management firms and other financial services firms. (Compl. ¶6.) Focus—through its wholly owned subsidiary NKSFB, LLC (“NKSFB”)—acquired substantially all assets of Nigro Karlin Segal Feldstein & Bolno, LLC (“Nigro Karlin”), a business management firm....

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